1514.06
Surface mining fund.

(A)
There is hereby created in the state treasury the surface mining fund
consisting of all money that becomes the property of the state pursuant to
sections 1514.05 and
1514.051 of the Revised Code,
money credited to the fund under divisions (C)(1) and (2) of section
1514.071, and other money
specified in section 1514.11 of the Revised Code. All
investment earnings of the fund shall be credited to the fund. Expenditures
from the fund shall be made by the chief of the division of mineral resources
management for the purpose of reclaiming areas of land affected by surface or
in-stream mining under a permit issued under this chapter that the operator has
failed to reclaim . Provided that the chief maintains a balance in the fund
that is sufficient to achieve that purpose and, in doing so, considers the
timeliness of reclamation activity, the chief may use the fund for other
purposes specified in section
1514.11 of the Revised
Code.

(B)
Expenditures of moneys from the fund, except as otherwise provided by this
section, shall be made pursuant to contracts entered into by the chief with
persons who agree to furnish all of the materials, equipment, work, and labor,
as specified and provided in the contracts, for the prices stipulated therein.
With the approval of the director of natural resources, the chief may reclaim
the land in the same manner as the chief required of the operator who failed to
reclaim the land. Each contract awarded by the chief shall be awarded to the
lowest responsive and responsible bidder, in accordance with section
9.312 of the Revised Code, after
sealed bids are received, opened, and published at the time and place fixed by
the chief. The chief shall publish notice of the time and place at which bids
will be received, opened, and published, at least once at least ten days before
the date of the opening of the bids, in a newspaper of general circulation in
the county in which the area of land to be reclaimed under the contract is
located. If, after so advertising for bids, no bids are received by the chief
at the time and place fixed for receiving them, the chief may advertise again
for bids, or, if the chief considers the public interest will be best served,
the chief may enter into a contract for the reclamation of the area of land
without further advertisement for bids. The chief may reject any or all bids
received and again publish notice of the time and place at which bids for
contracts will be received, opened, and published.

(C)
With the approval of the director, the chief, without advertising for bids, may
enter into a contract with the landowner, a surface or in-stream mine operator
or coal mine operator mining under a current, valid permit issued under this
chapter or Chapter 1513. of the Revised Code, or a contractor hired by a surety
to complete reclamation, to carry out reclamation on land affected by surface
or in-stream mining operations that an operator has failed to
reclaim.

(D)
With the
approval of the director, the chief may carry out all or part of the
reclamation work on land affected by surface or in-stream mining operations
that the operator has failed to reclaim using the employees and equipment of
any division of the department of natural resources.

(E)
The chief shall require every contractor performing reclamation work under this
section to pay workers at the greater of their regular rate of pay, as
established by contract, agreement, or prior custom or practice, or the average
wage rate paid in this state for the same or similar work, as determined by the
chief under section 1513.02 of the Revised
Code.

(F)
Each
contract entered into by the chief under this section shall provide only for
the reclamation of land affected by the surface or in-stream mining operation
or operations of one operator and not reclaimed by the operator as required by
this chapter. If there is money in the fund derived from the performance bond
deposited with the chief by one operator to ensure the reclamation of two or
more areas of land affected by the surface or in-stream mining operation or
operations of one operator and not reclaimed by the operator as required by
this chapter, the chief may award a single contract for the reclamation of all
such areas of land.

(G)
The cost of the reclamation work done under this section on each area of land
affected by surface or in-stream mining operations that an operator has failed
to reclaim shall be paid out of the money in the fund derived from the
performance bond that was deposited with the chief to ensure the reclamation of
that area of land. If the amount of money is not sufficient to pay the cost of
doing all of the reclamation work on the area of land that the operator should
have done, but failed to do, the chief may expend from the reclamation
forfeiture fund created in section
1513.18 of the Revised Code or
the surface mining fund created in this section the amount of money needed to
complete reclamation to the standards required by this chapter. The operator is
liable for that expense in addition to any other liabilities imposed by law. At
the request of the chief, the attorney general shall bring an action against
the operator for the amount of the expenditures from either fund. Moneys so
recovered shall be deposited in the state treasury to the credit of the fund
from which the expenditures were made.

(H)
If any part of the money in the surface mining fund remains in the fund after
the chief has caused the area of land to be reclaimed and has paid all the
reclamation costs and expenses, or if any money remains because the area of
land has been repermitted under this chapter or reclaimed by a person other
than the chief, the chief may expend the remaining money to complete other
reclamation work performed under this section. The chief shall prepare an
annual report that summarizes the money credited to the fund and expenditures
made from the fund and post the report on the division of mineral resources
management's web site.